1 Self - Evaluations and Transition Plans 23rd Annual ADA Update Mid-Atlantic ADA Center Baltimore, Maryland September 14 – 15, 2016 The 2010 Standards for Accessible Design: Compliance Dates “Existing Facility” Safe Harbor Supplemental Requirements 2 Definition of “Existing Facility” Rules add a definition of “Existing Facility” An “existing facility” is “a facility in existence on any given date, without regard to whether the facility may also be considered newly constructed or altered under this part.” 3
Transcript
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Self-Evaluations and Transition Plans
23rd Annual ADA UpdateMid-Atlantic ADA Center
Baltimore, Maryland
September 14 – 15, 2016
The 2010 Standards for
Accessible Design:
Compliance Dates
“Existing Facility”
Safe Harbor
Supplemental Requirements
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Definition of “Existing
Facility” Rules add a definition of “Existing Facility”
An “existing facility” is “a facility in existence on any given date, without regard to whether the facility may also be considered newly constructed or altered under this part.”
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Safe Harbor – Existing Facilities
Elements that comply with the corresponding requirements for those elements in the 1991 Standards do not need to be modified to meet the 2010 Standards unless those elements are altered on or after March 15, 2012.
Safe Harbor does not apply to those elements in existing facilities that are not subject to specific requirements in the 1991 Standards.
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Supplemental Requirements:
No Safe Harbor Amusement Rides;
Recreational Boating Facilities;
Exercise Machines and Equipment;
Fishing Piers and Platforms;
Golf and Miniature Golf Facilities;
Play Areas;
Saunas and Steam Rooms;
Swimming Pools, Wading Pools and Spas;
Shooting Positions with Firing Positions; and
Miscellaneous: Team/Player Seating, Accessible Routes to Bowling Lanes and Court Sports Facilities.
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Noncomplying Facilities
Noncomplying title II and title III facilities, i.e., facilities built after the compliance date for the 1991 Standards, but that are not in compliance with those standards, must be modified in compliance with the 2010 Standards.
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Noncomplying Facilities
Continued
Before March 15, 2012, had thechoice of:
1991 Standards
2010 Standards
UFAS (Title II only)
On or after March 15, 2012, covered entities must bring their noncomplying facilities into compliance with the 2010 Standards.
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What Standards Apply to Existing
Facilities?
Title II — Program accessibility
Title III — Readily achievable barrier removal
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Title II Compliance:
Another Refresher Self-evaluation of policies and practices by
January 26, 1993
Transition plan (for physical modifications) by July 26, 1992 (if 50 or more employees)
Physical modifications complete by January 26, 1995, “…but in any event as expeditiously as possible.”
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Self-Evaluations
and
Transition Plans
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The Important Role of
the ADA Coordinator
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We Need to do WHAT?
I already did them 23 years ago!
Times change - so do facilities, programs, and staff, and……. the ADA regulations.
I think we did them 23 years ago, but I can’t find it anywhere!
See above.
Well, maybe we didn’t do them 23 years ago – help!!
There is no time like the present.
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Planning for Success
The 2010 revised regulations do not specifically require a new self-evaluation or transition plan. BUT…….
How can you plan to meet compliance obligations without assessing where you are now and where you need to go?
Completing an assessment, developing a plan, and following through may serve as evidence of a good faith effort to comply.
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Self-Evaluation
Assess. A public entity shall, within one year of the effective date of this part, evaluate its current services, policies, and practices, and the effects thereof, that do not or may not meet the requirements of this part and, to the extent modification of any such services, policies, and practices is required, the public entity shall proceed to make the necessary modifications.
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Self-Evaluation – Cont.
Seek Input. A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation process by submitting comments.
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Self-Evaluation
(c) Keep records. A public entity that employs 50 or more persons shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection:
(1) A list of the interested persons consulted;
(2) A description of areas examined and any problems identified; and
(3) A description of any modifications made.
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Transition Plan
Make a Plan. In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity that employs 50 or more personsshall develop…. a transition plan setting forth the steps necessary to complete such changes.
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Transition Plan – Cont.
Seek Input. A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the transition plan by submitting comments.
Let the Public Know. A copy of the transition plan shall be made available for public inspection.
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What’s In the Transition Plan?
The plan shall, at a minimum –
(i) Identify physical obstacles in the public entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities;
(ii) Describe in detail the methods that will be used to make the facilities accessible;
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What’s In the Transition Plan?
(iii) Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and
(iv) Indicate the official responsible for implementation of the plan. !!!!!!!!!
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How Do We Begin?
Gather People & Resources
Identify and locate the people needed to make decisions. Facilities staff, department representatives, and management.
Identify the people you can count on –allies who will support and help you.
Identify people with disabilities in the community.
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Make Some Initial Decisions What will we assess?
Each physical structure?
Each individual program?
A combination of both?
Some programs, by their nature, may be best suited to one method over the other method.
What works is what works – design an approach the best fits your own structure and needs. Don’t forget what has already been done – build upon it.
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Questions to Ask (and Answer)
Understand your agency’s programs, activities and services: What are they? What are they intended to do? Why are they carried out or delivered in the
manner they are? What is the underlying purpose of them? What, if any, eligibility requirements exist for
each program? Are they necessary?
Assess institutional commitment - does one exist? Can it be built?
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More Questions to Ask
Review original (1990s) self-evaluation and transition plans. Do you know where they are -both in terms of physical location AND content?
How current are the self-evaluation and transition plan?
What has changed or no longer exists?
What is new?
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More Questions to Ask
What do we need to address now that we didn’t before?
Know who has responsibility for what. What are YOUR responsibilities? Who has responsibilities for program access, policy, and facilities issues? EEO?
Do we have an ADA Coordinator?
Do we have a grievance procedure?
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Where Do I Go From Here?
Understand the requirements of the ADA. Don’t be afraid to ask and use resources. There are NO stupid questions.
Develop your own support network. Developing relationships is important:
With the people at this conference and in this room. Chances are they have experienced what you are dealing with and have some good suggestions. You don’t have to feel alone.
Reach out and develop relationship with the disability community in your area. They can identify priorities, help to develop a realistic compliance plan, and provide other valuable input.
Contact and develop relationships with designated Federal agencies —they can be your friend.
Keep DOJ and the ADA Network on speed dial.
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Where Do I Go From Here?
Respond to inquiries, complaints, or compliments (they will come!) in a timely manner - even if you don’t know what the answer is. Outline realistic, clear, and measurable steps, including time lines, in your grievance procedure and adhere to them.
Don’t EVER be afraid to ask questions or say you don’t know the answer or to ask questions. Nobody knows the answer to every question!
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Resources
Regulations, appendices, standards are available at DOJ’s ADA web site at www.ada.gov.
For answers to specific questions, DOJ toll-free confidential ADA information line:
